IN THE CASE OF:
BOARD DATE: 28 May 2009
DOCKET NUMBER: AR20090002940
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 January 1991 be changed to honorable.
2. The applicant states that his character of service is listed as uncharacterized, that his DD Form 214 should show honorable, and that he received an Honorable Discharge Certificate but he no longer has it.
3. The applicant provides no additional documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 7 August 1990, the applicant enlisted in the U. S. Army Reserve (USAR) for a period of 8 years. He was ordered to active duty on 6 September 1990 for training. On 11 January 1991, he was released from active duty and transferred to the USAR to complete his remaining service obligation. His character of service was uncharacterized.
3. Item 24 on the applicant's DD Form 214 for the period ending 11 January 1991 shows the entry "UNCHARACTERIZED."
4. The applicant enlisted in the Army National Guard on 22 September 1992 for a period of 5 years, 10 months, and 14 days. On 1 September 1994, he was discharged from the Army National Guard with a general discharge and transferred to the USAR Control Group (Reinforcement) for completion of
3 years, 11 months, and 5 days. His discharge orders from the USAR are not available.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training. The regulation states that a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status. Entry level status is defined as the first 180 days of continuous active duty.
6. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the members service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his character of service should be corrected to show honorable was noted. However, there is no evidence of record, and the applicant provided no evidence, to support this contention.
2. Evidence of record shows the applicant was ordered to active duty for training for a period of 4 months and 6 days. Since the applicant was in an entry level status when he was released from active duty in 1991, his character of service was uncharacterized which is properly reflected in item 24 on his DD Form 214 for the period ending 11 January 1991. Therefore, there is no basis for granting his request.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090002940
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ABCMR Record of Proceedings (cont) AR20090002940
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